A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On June 1, 2007, the Defendant entered into a service contract with Yongsan Construction Co., Ltd., which is the implementer of the "C urban environmental improvement project", to provide services, such as contract, design, etc. with the prop and to receive service fees, while operating a building designer office in the trade name B, and there was no right to dispose of the apartment of the members to be constructed as a result of the said improvement project.

Nevertheless, on February 15, 2008, the Defendant: (a) made a false statement to the victim D and E that “I would have the right to sell the Centent apartment, so that I would have the right to sell the Centent apartment,” and (b) received KRW 15 million from the victim D around the 13th day of the same month and KRW 15 million in total from the victim E on the 15th day of the same month; (c) received KRW 5 million from the victim E on the 15th day of the same month, and acquired KRW 15 million in total from the victim E on the 15th day of the same month; and (d) received KRW 15 million from the victim E on the 15th day of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each part of the protocol of interrogation of the suspect against the accused in the prosecution (including the part concerning the statement of D or E);

1. Each police statement made to D, E, and F;

1. Application of Acts and subordinate statutes to a complaint and a receipt, deposit certificate, and account transaction statement attached thereto;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and the choice of punishment. Article 347 (1) of the Criminal Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentencing is reasonable in light of the following: (a) the sum of the amount obtained by deceit for each victim of the instant case for sentencing is not so much specified; (b) the payment of damage was not made; (c) the payment was not made to the Defendant even though the Defendant provided a considerable opportunity to repay the damage; and (d) the Defendant has a record of being punished for a crime similar to that of the Defendant; and (d) the sentence is to be imposed